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CDJ 2026 APHC 706 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Criminal Petition No. 3688 of 2026
Judges: THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Parties : Murikipudi Joji Versus The State Of Andhra Pradesh, Rep. By its Public Prosecutor, High Court of Andhra Pradesh, at Amaravathi
Appearing Advocates : For the Petitioner: Khaja Khutubuddin Shaik, Advocate. For the Respondent: Public Prosecutor.
Date of Judgment : 06-05-2026
Head Note :-
Criminal Procedure Code - Sections 437/438/439/482 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Section 437/438/439/482 of Cr.P.C
- Section 528 of BNSS
- Sections 480 and 483 of the BNSS
- Sections 64 r/w 62, 74, 76, 115(2), 329(4) and 75(1) of BNS
- Sections 118(1) and 79 of BNS
- Bharatiya Nyaya Sanhita, 2023

2. Catch Words:
- Bail
- Regular bail
- Investigation
- Charge sheet
- Judicial custody
- Sureties
- Witness tampering
- Passport surrender

3. Summary:
The petitioner, the sole accused in Crime No. 24 of 2026, sought regular bail under various provisions of the Criminal Procedure Code and the Bharatiya Nyaya Sanhita. The prosecution submitted that the investigation was complete and a charge‑sheet filed, noting the victim’s refusal for medical examination. The court noted that the petitioner had been in judicial custody since 02‑03‑2026 and that the complainant’s relatives had been charged in a separate case. After considering both sides, the court granted bail subject to a personal bond of Rs. 20,000 with two sureties and several conditions, including regular appearance before the investigating officer and surrender of passport. The order emphasized that the bail order does not constitute an opinion on the merits of the case. All pending miscellaneous applications were ordered to stand closed.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of rounds of Criminal Petition, the High Courtpleased to Grant Regular Bail to the Petitioner/ sole accused in Crime No. 24 of 2026 U/s 64 r/w 62, 74, 76, 115(2), 329(4) and 75(1) of BNS, Dt: 14.02.2026 on the file of the Station House Officer, Amaravathi Police Station, Palnadu District, pending investigation and trial. And Pass)

1. This Criminal Petition, under Sections 480 and 483 of the BNSS, has been filed by the Petitioner herein/Accused, seeking regular bail, in Crime No. 24 of 2026 U/s 64 r/w 62, 74, 76, 115(2), 329(4) and 75(1) of BNS, Dt: 14.02.2026 on the file of the Station House Officer, Amaravathi Police Station, Palnadu District

2. The case of prosecution in brief is that the petitioner/accused submitted that the respondent police registered a casein Crime NO.24 of 2026 against him for the offence punishable under section 74, 76, 115(2), 329(4) and 75(1) of Bharatiya Nyaya Sanhita, 2023

3. Heard Sri Khaja Khutubuddin Shaik, learned counsel for the petitioner and Mrs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor representing respondent/State.

4. The learned counsel for the petitioner submits that the petitioner is the sole accused. Initially, a case was registered against him on 14.02.2026 for the offences punishable under Sections 74, 76, and 115 of BNS. Subsequently, based on the statements of the victim recorded on 01.03.2026, Sections 64 and 62 of BNS were added. The learned counsel further submits that the investigation has been completed and the charge sheet has also been filed. It is further contended that the de-facto complainant and others attacked the petitioner on 13.02.2026 at about 10:00 p.m., but no action was taken by the police at that time. Thereafter, the petitioner approached the Court by filing a writ petition, pursuant to which Crime No. 44 of 2026 was registered against the relatives of the de-facto complainant for the offences punishable under Sections 118(1) and 79 of BNS. The petitioner has been in judicial custody since 02.03.2026. The learned counsel finally prays that the petition be allowed, stating that the petitioner is ready to furnish sureties to the satisfaction of the Court.

5. Learned Assistant Public Prosecutor would submit that notice is also served on the de-facto complainant she got instructions to argue in this matter. It is also submitted that investigation is completed and charge sheet has been filed. It is observed from the charge sheet that the victim, complainant, and her mother refused to undergo medical examination. It is further noted that initially the case was not registered under Sections 62 and 64 of BNS.

6. Considering the submissions made by both sides, and having regard to the fact that the investigation is completed and charge sheet has been filed, this Court deems it appropriate to grant bail to the petitioner/accused, subject to the following conditions:

                  i. The petitioner/accused, shall execute personal bond for a sum of Rs. 20,000/- (Rupees Twenty Thousand only) with two sureties for a like sum each, to the satisfaction of the learned V Additional District and Sessions Judge-cum-Special Judge for Trial of Offences against Women, Guntur.

                  ii. The petitioner/accused, shall appear before the Investigating Officer as and when required and shall cooperate with further investigation, if any.

                  iii. The petitioner/accused, shall not directly or indirectly tamper with evidence nor influence, intimidate, or induce any prosecution witness.

                  iv. The petitioner/accused, shall appear before the Station House Officer, concerned, once in a week i.e., on every Sunday between 10.00 a.m. and 5.00 p.m. till Court has taken cognizance against him.

                  v. The petitioner/accused, shall not commit or indulge in commission of any offence in future.

                  vi. The petitioner/accused, shall surrender his passport, if any, to the concerned Court. If he claims that he does not have a passport, he shall submit an affidavit to that effect to the concerned Court.

7. In the event of violation of any of the above conditions, the prosecution shall be at liberty to seek cancellation of bail.

8. It is also made clear that the observations made in this order are only for the purpose of deciding the bail application and they shall not be construed as opinion on the merits of the Crime.

9. Accordingly, this Criminal Petition is allowed.

As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

 
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